Decision-making
Planning applications are either determined by the Planning Committee or by the Corporate Director (Development Services) under delegated powers, following consideration of a report and recommendation prepared by the Case Officer. If an applicant does not like the decision they have the right of appeal, within 6 months of the decision, to the Secretary of State c/o the Planning Inspectorate.
4.5 Decision Making - Delegation & Planning Committee
4.5.1 Planning applications are either determined by the Corporate Director (Development Services) under delegated powers or by the Planning Committee. The Delegation Scheme allows the Corporate Director (Development Services) to determine certain applications or submissions of detail. The Scheme forms part of the County Council's Constitution. The delegated decisions taken each month are reported to the next Planning Committee. To see the recent committee/delegated reports and letters click here.
4.5.2 The Planning Committee meets every month to consider recommendations and reports prepared by the Corporate Director (Development Services). From time to time reports are also prepared by the Corporate Director (Resources). The Local Member for the area affected by a proposal is invited to attend the relevant committee meeting, but is not entitled to vote unless he or she is a member of the Committee. Committee Members are required to declare any personal or prejudicial interests they may have in particular planning applications.
4.5.3 We place a copy of all the Committee reports on our website 5 working days before the Committee sits. Paper or electronic copies are sent to the relevant Parish Council where they have made objections, and will normally be made available to the applicant and the public on request.
4.5.4 Requests by an applicant to defer an item on a Committee agenda must be received in writing no later than 24 hours
before the Committee sits and must provide an explanation and/or information as to why the application is to be deferred. ....
SCC Policy on deferral of applications prior to Committee.
4.5.5 Public speaking at Planning Committee was made permanent in August 2004, following an 18 month trial period. The arrangement allows one objector, one supporter (usually the applicant or their representative) and the Parish Council to speak to the Committee and verbally present their comments and views. We have produced a 'Protocol on making representations direct to Planning Committee' which provides further advice and guidance on the public speaking processes and procedures (see Planning Commitee page).
4.5.6 For any planning application under consideration the Planning Committee will either refuse it, grant it, grant it subject to conditions, or defer it for a site visit or to receive further information or clarification of the proposals. The Committee will always try to deal with the control and mitigation of impacts through the imposition of planning conditions to avoid the need to enter into a legal agreement. In the majority of cases the need for planning obligations to accompany a decision will be set out in the officer's report to Committee, however, there will also be times when Members decide that a planning obligation is necessary. The Committee will give reasons for all its decisions which will be minuted and will be made available to view via our website - www.staffordshire.gov.uk/planning
4.6 Making the Results of Decisions Available
4.6.1 The Council and Corporate Director (Development Services) aim to issue all decisions taken within 10 working days of the decision being made unless;
- there is a need to complete a legal agreement;
- the development would affect a Site of Special Scientific Interest (SSSI) and has been granted against English Nature's advice;
- the case has to be referred to the Secretary of State.
4.6.2 All final decisions are recorded on a Register by the County Council and on the Planning Register held by the relevant District Council. Copies of decision notices are available to the public upon request and anyone who wishes to obtain a copy should contact the County Council for details.
4.6.3 The Council will notify all those who made representations on a proposal either in writing, or via the local press of the Committee's decision. Where we require a legal agreement to be signed before a decision is issued, then we will deal with it promptly. We will need the positive assistance of applicants and landowners to complete an agreement quickly. If the applicant does not make reasonable endeavours to assist in the prompt completion of a legal agreement the application may be referred back to the Planning Committee for reconsideration.
4.6.4 We will charge a reasonable fee for completing legal agreements (charges will be based upon an hourly rate) and copies of legal agreements can be obtained from our Resources Directorate or from the Planning Register held by District Councils.
4.7 Appealing Against a Decision
4.7.1 Where an applicant has sought planning permission for the development of a mineral site or a waste management facility and has subsequently been refused planning permission by the Planning Committee, he/she is entitled to appeal that decision within 6 months of the date of the refusal. Appeals against a decision are made to the Secretary of State and are administered and handled by the Planning Inspectorate on behalf of the Secretary of State. Where an appeal is lodged, all persons and bodies who were previously consulted and commented on the proposals will be notified of the appeal by letter. The letter will state how representations can be made to the Planning Inspectorate and the timescales in which to do so. It will also provide details on how the appellants Grounds of Appeal can be obtained
4.7.2 Whilst we will seek to minimise the need for applicants to appeal against our decisions, we will defend our decision vigorously. Unless the proposal is complex or controversial and/or raises a matter of general importance to the public, our preference will be to deal with planning appeals by written representations.
4.7.3 For more information about the appeal process and details about how to make an appeal against a decision, please visit the Planning Portal website at www.planningportal.gov.uk or the Planning Inspectorate's website at www.planning-inspectorate.gov.uk.
Contact us for more advice about how we make a decision.
Committee / Delegated Reports - on-line Planning Committee reports currently date back 12 months and Delegated reports currently date back to November 2005.
Appeals against decisions made by Staffordshire County Council in our on-line records date back to 1995 and there is on-line access to appeal documents dating back to 2001.
Portal A to Z for more help and information.
Last Modified:
03/07/2006 08:38:30
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